Here’s what we are reading this Thursday:
- Appeals Court Declines Invitation To Destroy Land Use Law As We Know It – from the Massachusetts Land Use Monitor blog: “Now that the Appeals Court has reminded us of the permanence of permit conditions, anyone who receives a permit with a restrictive condition should think twice about whether that condition is a proper exercise of municipal authority, or whether an appeal should be taken in an effort to modify or strike a condition that will otherwise burden the land for time immemorial.”
- The ‘Public Uses’ of Eminent Domain: History and Policy – (hat tip to PropertyProf blog for the heads-up) – “This paper examines the effects and implications of the ‘public use’ requirement for the exercise of eminent domain in the United States. It is part of an ongoing inquiry the consequences of eminent domain in the United States. The first part examines the history of the public use requirement, both how the doctrine has been articulated and logically extended and what purposes have been accomplished under it. The second part of the paper is an analytic critique of the public use doctrine. After considering whether any principled standard can be developed to delimit the proper uses of eminent domain, it examines a number of the difficult empirical and political questions confronted in any effort to develop such a standard that properly limits state power to confiscate privately held property.”
- ITT Chicago-Kent to host conference on judicial takings – Although it took place yesterday, we’re looking forward to reading the scholarship that it produced.